Senate File 510 H-1377 Amend the amendment, H-1365, to Senate File 510, 1 as amended, passed, and reprinted by the Senate, as 2 follows: 3 1. Page 31, after line 31, by inserting: 4 < DIVISION ___ 5 ANTIHARASSMENT AND ANTIBULLYING 6 Sec. ___. Section 256.9, Code 2015, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION . 66. Subject to an appropriation 9 of funds by the general assembly, ensure each school 10 district has access to adequate training on conducting 11 investigations of complaints of incidents of harassment 12 or bullying pursuant to section 280.28 by offering such 13 training on an annual basis to at least one employee 14 per district. 15 Sec. ___. NEW SECTION . 256.34 Bullying and 16 violence prevention student mentoring pilot program. 17 1. Subject to an appropriation of funds by the 18 general assembly, the department shall establish a 19 student mentoring pilot program to explore how student 20 leadership can help prevent bullying and violence in 21 schools. The program shall promote best practices for 22 bullying and violence prevention for middle and high 23 school students. 24 2. The department shall establish the program in at 25 least two middle schools and two high schools in the 26 state. The selected schools shall include both urban 27 and rural schools. 28 3. The department shall establish criteria for the 29 selection of participating schools and evaluation of 30 the program. 31 Sec. ___. Section 280.28, subsection 2, paragraphs 32 a and c, Code 2015, are amended to read as follows: 33 a. “Electronic” means any communication involving 34 the transmission of information by wire, radio, 35 optical cable, electromagnetic, or other similar 36 means. “Electronic” includes but is not limited to 37 communication via electronic mail, internet-based 38 communications including social networking sites , pager 39 service, cell phones, and electronic text messaging , 40 or any other electronic communication site, device, or 41 means . 42 c. “Trait or characteristic of the student” 43 includes but is not limited to age, color, creed, 44 national origin, race, religion, marital status, 45 sex, sexual orientation, gender identity, physical 46 attributes, physical or mental ability or disability, 47 ancestry, political party preference, political belief, 48 socioeconomic status, or familial status , behavior, 49 or any other distinguishing characteristic. This 50 -1- H1365.2097 (2) 86 je/rn 1/ 7 #1.

paragraph shall be construed broadly to achieve the 1 purposes of this section . 2 Sec. ___. Section 280.28, subsection 3, Code 2015, 3 is amended by adding the following new paragraph: 4 NEW PARAGRAPH . h. A procedure for the notification 5 as soon as practicable of the parents or guardians 6 of the alleged targeted students and perpetrators 7 in a reported incident of harassment or bullying. 8 The procedure shall include an exception to the 9 notification requirement if a school official or a 10 student whose parent or guardian would otherwise be 11 notified reasonably believes notification would subject 12 the student to rejection, abuse, or neglect. 13 Sec. ___. Section 280.28, Code 2015, is amended by 14 adding the following new subsections: 15 NEW SUBSECTION . 9. Authority off school grounds. 16 a. A school official may investigate and impose 17 school discipline in a founded case of harassment 18 or bullying that occurs outside of school, off of 19 school property, or away from a school function or 20 school-sponsored activity if all of the following 21 apply: 22 (1) An incident of harassment or bullying is 23 reported pursuant to the school’s policy adopted under 24 subsection 3, paragraph “e” . 25 (2) The alleged incident of harassment or bullying 26 has an effect on a student on school grounds that 27 creates an objectively hostile school environment 28 that meets one or more of the conditions set out under 29 subsection 2, paragraph “b” . 30 b. A school official’s investigation and response 31 to an alleged incident of bullying or harassment that 32 occurs outside of school, off of school property, 33 or away from a school function or school-sponsored 34 activity may include referring the matter to 35 appropriate community-based agencies including but not 36 limited to social services agencies, law enforcement 37 agencies, and nonprofit organizations. 38 NEW SUBSECTION . 10. Rule of construction. This 39 section shall not be construed to diminish a school 40 administrator’s discretion to impose discipline or 41 take other action in the case of an unfounded incident 42 of harassment or bullying if a student’s behavior 43 otherwise constitutes student misconduct based on other 44 grounds. 45 Sec. ___. Section 282.18, subsection 11, Code 2015, 46 is amended to read as follows: 47 11. A pupil who participates in open enrollment 48 for purposes of attending a grade in grades nine 49 through twelve in a school district other than the 50 -2- H1365.2097 (2) 86 je/rn 2/ 7

district of residence is ineligible to participate 1 in varsity interscholastic athletic contests and 2 athletic competitions during the pupil’s first ninety 3 school days of enrollment in the district except that 4 the pupil may participate immediately in a varsity 5 interscholastic sport if the pupil is entering grade 6 nine for the first time and did not participate in 7 an interscholastic athletic competition for another 8 school or school district during the summer immediately 9 following eighth grade, if the district of residence 10 and the other school district jointly participate 11 in the sport, if the sport in which the pupil wishes 12 to participate is not offered in the district of 13 residence, if the pupil chooses to use open enrollment 14 to attend school in another school district because 15 the district in which the student previously attended 16 school was dissolved and merged with one or more 17 contiguous school districts under section 256.11, 18 subsection 12 , if the pupil participates in open 19 enrollment because the pupil’s district of residence 20 has entered into a whole grade sharing agreement with 21 another district for the pupil’s grade, or if the 22 parent or guardian of the pupil participating in open 23 enrollment is an active member of the armed forces and 24 resides in permanent housing on government property 25 provided by a branch of the armed services , or if the 26 district of residence determines that the pupil was 27 subject to a founded incident of harassment or bullying 28 as defined in section 280.28 while attending school in 29 the district of residence in the current or previous 30 school year and both the district of residence and 31 the other school district agree to allow the pupil to 32 participate immediately in a varsity interscholastic 33 sport . A pupil who has paid tuition and attended 34 school, or has attended school pursuant to a mutual 35 agreement between the two districts, in a district 36 other than the pupil’s district of residence for at 37 least one school year is also eligible to participate 38 immediately in interscholastic athletic contests and 39 athletic competitions under this section , but only as 40 a member of a team from the district that pupil had 41 attended. For purposes of this subsection , “school 42 days of enrollment” does not include enrollment in 43 summer school. For purposes of this subsection , 44 “varsity” means the same as defined in section 256.46 . 45 Sec. ___. SCHOOL CLIMATE AND BULLYING WORK GROUP. 46 1. The department of education shall convene a 47 public-private work group of representatives of state 48 and local agencies, citizens, community groups, and 49 organizations who have experience and expertise in 50 -3- H1365.2097 (2) 86 je/rn 3/ 7

the areas of antibullying education, research, and 1 training. The work group, after reviewing existing 2 research, data, and strategies, shall provide 3 recommendations to the department regarding best 4 practices, training, resources, additional research 5 needs, data collection, changes to state law and 6 administrative rules, and any other matters to enhance 7 statewide school climate improvement and bullying 8 prevention, awareness, and intervention. 9 2. The membership of the work group shall include 10 but not be limited to the following, to be appointed 11 by the director: 12 a. At least three Iowans who are experts in 13 research-based antibullying curricula or programs. 14 b. A public or nonpublic high school student. 15 c. A parent of a student enrolled in a public 16 elementary or secondary school on a full-time basis. 17 d. A parent of a student enrolled in a nonpublic 18 elementary or secondary school on a full-time basis. 19 e. A member from nominees submitted by the school 20 administrators of Iowa. 21 f. A member from nominees submitted by the Iowa 22 association of school boards. 23 g. A member from nominees submitted by the Iowa 24 state education association. 25 h. Representatives from any organizations 26 representing other relevant public or nonpublic school 27 professionals. 28 i. A representative from a statewide organization 29 that provides research-based training on bullying for 30 school professionals. 31 j. A representative from at least one statewide 32 organization with at least five years’ experience 33 in advocating on bullying prevention based on 34 research-based best practices. 35 k. A representative for children placed in foster 36 care. 37 l. A representative of school counselors. 38 m. A member from nominees submitted by the Iowa 39 parent teacher association. 40 3. When making appointments to the work group, the 41 director shall ensure that public, nonpublic, urban, 42 and rural schools are adequately represented by the 43 membership of the work group. 44 4. The work group shall also include two ex officio 45 members of each house of the general assembly. One 46 member each shall be selected by the majority leader of 47 the senate and by the minority leader of the senate, 48 and one member each shall be selected by the speaker 49 of the house of representatives and by the minority 50 -4- H1365.2097 (2) 86 je/rn 4/ 7

leader of the house of representatives. Members of the 1 general assembly shall serve for terms as provided in 2 section 69.16B and shall be entitled to receive per 3 diem and necessary travel and actual expenses pursuant 4 to section 2.10, subsection 5, while carrying out their 5 official duties as members of the work group. 6 5. The department shall convene the work group 7 by October 1, 2015. The work group shall submit its 8 findings and recommendations in a final report to the 9 department and the chairpersons and ranking members of 10 the senate and house education committees by December 11 15, 2016. > 12 ______________________________ HALL of Woodbury ______________________________ ABDUL-SAMAD of Polk ______________________________ BENNETT of Linn ______________________________ BROWN-POWERS of Black Hawk ______________________________ COHOON of Des Moines ______________________________ FINKENAUER of Dubuque ______________________________ FORBES of Polk ______________________________ GAINES of Polk ______________________________ GASKILL of Wapello -5- H1365.2097 (2) 86 je/rn 5/ 7

______________________________ HUNTER of Polk ______________________________ ISENHART of Dubuque ______________________________ KELLEY of Jasper ______________________________ LENSING of Johnson ______________________________ LYKAM of Scott ______________________________ McCONKEY of Pottawattamie ______________________________ OLDSON of Polk ______________________________ RUFF of Clayton ______________________________ SMITH of Marshall ______________________________ STUTSMAN of Johnson ______________________________ T. TAYLOR of Linn ______________________________ THEDE of Scott ______________________________ WESSEL-KROESCHELL of Story -6- H1365.2097 (2) 86 je/rn 6/ 7